Citation : 2026 Latest Caselaw 2526 Kant
Judgement Date : 23 March, 2026
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NC: 2026:KHC-K:2570
WP No. 200813 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200813 OF 2026 (KLR-RES)
BETWEEN:
RAJEEV
S/O LATE GUNDERAO DESHPANDE,
AGED: 57 YEARS, OCC: AGRICULTURE,
R/O VILLAGE CHILARAGI,
TQ. DIST. BIDAR- 585401.
...PETITIONER
(BY SRI JAIRAJ KASHAPPA BUKKA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed by THROUGH ITS PRINCIPAL SECRETARY,
SWETA KULKARNI
Location: HIGH DEPT OF REVENUE, M S BUILDING,
COURT OF BANGALORE- 560001.
KARNATAKA
2. THE DEPUTY COMMISSIONER,
BIDAR- 585401.
3. THE ASSISTANT COMMISSIONER,
BIDAR, TQ. AND DIST. BIDAR 585401.
4. THE TAHSILDAR,
BIDAR-585401.
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WP No. 200813 of 2026
HC-KAR
5. THE SHIRASTEDAR BHOOMI KENDRA,
TAHSIL OFFICE BIDAR-585401.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ALLOW THIS WRIT PETITION AND THEREBY A) ISSUE A WRIT
IN NATURE OF MANDAMUS OR ANY ORDER OR DIRECTING THE
3RD RESPONDENT TO CONSIDER THE LETTER OF THE 4TH
RESPONDENT AS PER VIDE ANNEXURE-L DATED 13.11.2025;
B) ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY ORDER
OR DIRECTING THE 2ND RESPONDENT TO CONSIDER THE
PETITIONER REPRESENTATION AS PER VIDE ANNEXURE-H
DATED 26.12.2024; C) ISSUE A WRIT A NATURE OF
MANDAMUS DIRECTING TO THE 3RD RESPONDENT TO DELETE
THE HIGH COURT STAY ORDER APPEARING IN THE RTC AT
COLUMN NO.11 OF LAND SY.NO.243 MEASURING 13 ACRE 34
GUNTAS SITUATED IN CHILLARGI VILLAGE TQ. AND DIST.
BIDAR VIDE ANNEXURE-M; D) PASS ANY ORDER OR
DIRECTION AS THIS COURT DEEMS FIT IN THE
CIRCUMSTANCE OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
This Writ Petition under Articles 226 and 227 of the
Constitution of India is filed seeking for the following
reliefs:
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"a) Issue a writ in nature of mandamus or any order or directing the 3rd respondent to consider the letter of the 4th respondent as per vide Annexure-L dated 13.11.2025;
b) Issue a writ in nature of mandamus or any order or directing the 2nd respondent to consider the petitioner representation as per vide Annexure-H dated 26.12.2024;
c) Issue a writ a nature of mandamus directing to the 3rd respondent to delete the High Court stay order appearing in the RTC at column No.11 of land Sy.No.243 measuring 13 acre 34 guntas situated in Chillargi village tq. and dist. Bidar vide Annexure-M;
d) Pass any order or direction as this court deems fit in the circumstance of the case."
2. Heard the learned counsel for the petitioner and
the learned Additional Government Advocate for
respondent Nos.1 to 5.
3. Petitioner claims to be the owner in possession
of the land bearing Sy.No.243 measuring 13 acres 24
guntas out of the total extent of 36 acres 26 guntas
situated at Chilargi village, Bidar district. It appears that
father of the petitioner had filed W.P.No.16062/1997
before this Court challenging the order passed by the Land
Tribunal granting occupancy rights of the aforesaid land
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HC-KAR
and in the said writ petition, an interim order was passed
by this Court. Subsequently, it appears that one
Pundalikappa also had filed W.P.No.16237/1997 assailing
the order of the Land Tribunal and subsequently the writ
petitions were allowed and the matter was remitted to the
Land Tribunal for fresh consideration of the claim. It
appears that in the revenue records of the aforesaid land
the interim order passed in the aforesaid writ petitions was
entered and the same continued even after disposal of the
aforesaid writ petitions. It is under these circumstances,
the petitioner had submitted a representation to the
jurisdictional Tahasildar to delete the aforesaid entry from
the revenue records of the land in question. Considering
the said representation, the jurisdictional Tahasildar vide
communication dated 13.11.2025 at Annexure-L had
requested the Assistant Commissioner to take appropriate
action on the same. It appears that the petitioner also
had given a separate representation to the Deputy
Commissioner who in turn had issued a communication on
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10.06.2025 vide Annexure-J to the Assistant
Commissioner to take appropriate action. Since the
Assistant Commissioner has not taken any action pursuant
to the communication at Annexure-J dated 10.06.2025
and Annexure-L dated 13.11.2025, the petitioner is before
this Court.
4. Learned Additional Government Advocate
submits that if some reasonable time is granted,
respondent No.3 - Assistant Commissioner shall take
appropriate action pursuant to the communication at
Annexure-J dated 10.06.2025 and Annexure-L dated
13.11.2025 and pass appropriate orders in accordance
with law.
5. The said submission is placed on record.
6. The Writ Petition is partly allowed and a
direction is issued to respondent No.3 - Assistant
Commissioner to consider the communications at
Annexures-J and L dated 10.06.2025 and 13.11.2025
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issued by second and fourth respondents respectively and
take appropriate action on the same in accordance with
law, as expeditiously as possible, but not later than a
period of three months from the date of receipt of copy of
this order.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE
SWK List No.: 1 Sl No.: 22 CT:PK
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